BILL NUMBER: AB 1079	CHAPTERED  09/07/99

	CHAPTER   336
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 7, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	PASSED THE SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JUNE 28, 1999
	AMENDED IN ASSEMBLY   APRIL 19, 1999

INTRODUCED BY   Assembly Member Robert Pacheco

                        FEBRUARY 25, 1999

   An act to amend Sections 22443.1 and 22445 of, and to add Section
22442.4 to, the Business and Professions Code, relating to
immigration consultants.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1079, Robert Pacheco.  Immigration consultants.
   (1) Under provisions of law repealed effective January 1, 1998, an
immigration consultant was required to notify the Secretary of State'
s office within 30 days of any change of name, address, telephone
number, or agent for service of process.
   This bill would reinstate this requirement.
   (2) Existing law requires anyone engaging in the business or
acting in the capacity of an immigration consultant to post a bond
with the Secretary of State of $25,000.  Existing law repeals this
provision on January 1, 2000, unless a statute is enacted that
deletes or extends that date.
   This bill would delete the January 1, 2000 repeal date, and would
increase the bond requirement to $50,000.
   (3) Existing law provides for a civil penalty to be imposed on
anyone violating the provisions regulating immigration consultants,
and for a criminal penalty for violating any of these provisions with
exceptions for certain required disclosures or prohibited
translations.
   This bill would eliminate these exceptions to criminal sanction,
thereby creating new crimes and imposing a state-mandated local
program.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 22442.4 is added to the Business and
Professions Code, to read:
   22442.4.  An immigration consultant shall notify the Secretary of
State's office within 30 days of any change of name, address,
telephone number, or agent for service of process.
  SEC. 2.  Section 22443.1 of the Business and Professions Code is
amended to read:
   22443.1.  (a) Prior to engaging in the business or acting in the
capacity of an immigration consultant on or after January 1, 1998,
each person shall file with the Secretary of State a bond of fifty
thousand dollars ($50,000) executed by a corporate surety admitted to
do business in this state and conditioned upon compliance with this
chapter.  The total aggregate liability on the bond shall be limited
to fifty thousand dollars ($50,000).  The bond may be terminated
pursuant to Section 995.440 of, and Article 13 (commencing with
Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of
Civil Procedure.
   (b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California and shall be for
the benefit of any person damaged by any fraud, misstatement,
misrepresentation, unlawful act or omission, or failure to provide
the services of the immigration consultant or the agents,
representatives, or employees of the immigration consultant while
acting within the scope of that employment or agency.
   (c) The Secretary of State shall charge and collect a filing fee
to cover the cost of filing the bond or the deposit filed in lieu of
a bond as set forth in Section 995.710 of the Code of Civil
Procedure.
   (d) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits
in lieu of bonds.
   (e) A deposit may be made in lieu of a bond as set forth in
Section 995.710 of the Code of Civil Procedure.  When a deposit is
made in lieu of the bond, the person asserting the claim against the
deposit shall establish the claim by furnishing evidence to the
Secretary of State of a money judgment entered by a court together
with evidence that the claimant is a person described in subdivision
(b).
   (f) When a claimant has established the claim with the Secretary
of State, the Secretary of State shall review and approve the claim
and enter the date of approval thereon.  The claim shall be
designated an "approved claim."
   (g) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period.  Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
   (h) When the Secretary of State approves the first claim against a
particular deposit after the expiration of a 240-day period, the
date of approval of that claim shall begin a new 240-day period to
which subdivision (g) shall apply with respect to any amount
remaining in the deposit.
   (i) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State.  Claimants who have had claims paid in
full or in part pursuant to subdivision (g) or (h) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
   (j) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the assignor
of the deposit, other than as to an amount as no longer needed or
required for the purpose of this title which would otherwise be
returned to the assignor of the deposit by the Secretary of State.
   (k) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business or act in the capacity of an
immigration consultant or has filed a bond pursuant to subdivision
(a), provided that there are no outstanding claims against the
deposit.  The written notice shall include all of the following:  (1)
name, address, and telephone number of the assignor; (2) name,
address, and telephone number of the bank at which the deposit is
located; (3) account number of the deposit; and (4) a statement
whether the assignor is ceasing to engage in the business or act in
the capacity of an immigration consultant or has filed a bond with
the Secretary of State.  The Secretary of State shall forward an
acknowledgment of receipt of the written notice to the assignor at
the address indicated therein, specifying the date of receipt of the
written notice and anticipated date of release of the deposit,
provided there are no outstanding claims against the deposit.
   (l) A judge of a municipal or superior court may order the return
of the deposit prior to the expiration of two years upon evidence
satisfactory to the judge that there are no outstanding claims
against the deposit or order the Secretary of State to retain the
deposit for a specified period beyond the two years pursuant to
subdivision (k) to resolve outstanding claims against the deposit.
   (m) This section does not apply to employees of nonprofit,
tax-exempt corporations who help clients complete application forms
in immigration matters, either free of charge or for a fee.  Any fees
charged may include reasonable costs and shall be consistent with
fees authorized by the United States Immigration and Naturalization
Service for qualified designated entities.
  SEC. 3.  Section 22445 of the Business and Professions Code is
amended to read:
   22445.  (a) A person who violates this chapter shall be subject to
a civil penalty not to exceed ten thousand dollars ($10,000) for
each violation, to be assessed and collected in a civil action
brought by any person injured by the violation.
   (b) In addition to the provisions of subdivision (a), a violation
of this chapter is a misdemeanor punishable by a fine of not less
than two thousand dollars ($2,000) or more than ten thousand dollars
($10,000), as to each client with respect to whom a violation occurs,
or imprisonment in the county jail for not more than one year, or by
both fine and imprisonment.  However, payment of restitution to a
client shall take precedence over payment of a fine.
   (c) A second or subsequent violation of Sections 22442.2, 22442.3,
and 22442.4 is a misdemeanor subject to the penalties specified in
subdivisions (a) and (b).  A second or subsequent violation of any
other provision of this chapter is a felony punishable by
imprisonment in state prison.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
